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Sebastian Med., P.C. v MVAIC
2011 NY Slip Op 52369(U) [34 Misc 3d 133(A)]
Decided on December 23, 2011
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on December 23, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., RIOS and STEINHARDT, JJ
2010-1619 Q C.

Sebastian Medical, P.C. as Assignee of ELIZABETH RAINEY, Respondent,

against

MVAIC, Appellant.


Appeal from a judgment of the Civil Court of the City of New York, Queens County (Thomas D. Raffaele, J.), entered March 6, 2009. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,730. The appeal from the judgment brings up for review an order of the same court (Diane A. Lebedeff, J.) entered February 13, 2009 which granted plaintiff's motion to vacate a prior order entered on default and, upon such vacatur, denied defendant's underlying motion for summary judgment.


ORDERED that the judgment is reversed, without costs, so much of the order entered February 13, 2009 as denied defendant's underlying motion for summary judgment dismissing the complaint is vacated, and defendant's motion for summary judgment dismissing the complaint is granted.

For the reasons stated in Whole Health Acupuncture, P.C. v MVAIC (___ Misc 3d ___, 2011 NY Slip Op _____ [Appeal No. 2010-1616 Q C], decided herewith), the judgment is reversed, so much of the order entered February 13, 2009 as denied defendant's underlying motion for summary judgment dismissing the complaint is vacated, and defendant's motion for [*2]summary judgment dismissing the complaint is granted.

Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: December 23, 2011